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VON THADEN v. ARIZONA STATE REAL ESTATE COMMR.

Nos. 2 CA-CIV 3262, 2 CA-CIV 3269.

124 Ariz. 394 (1979)

604 P.2d 658

William VON THADEN and Grace Von Thaden, husband and wife, Dan Barber, deceased, and Regina Fleming, Plaintiffs/Appellees, v. ARIZONA STATE REAL ESTATE COMMISSIONER, R.B. Nicholls, as representative for the Arizona State Land Department, and for the Arizona Real Estate Recovery Fund, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 3, 1979.

Review Denied December 18, 1979.

Attorney(s) appearing for the Case

Law Offices of J. Emery Barker by James P.F. Egbert, Tucson, for plaintiffs/appellees.

Robert K. Corbin, Atty. Gen. by Stephen A. Avilla, Asst. Atty. Gen., Phoenix, for defendant/appellant.

OPINION

HOWARD, Judge.

This is an action to recover money from the real estate recovery fund established by A.R.S. Sec. 32-2186. The issue here is whether Sungate Development Company (Sungate), a licensed real estate broker, was acting on its own behalf in property owned or controlled by it so as to exclude the funds from liability. The trial court found the fund liable. We do not agree.

The facts show that appellees Barber and Fleming deposited $16...

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